ML20206M142

Responds to 860705 Petition Requesting Suspension of Ol. Procedural Right to Petition Agency Granted by 10CFR2.206 Instead of 10CFR50.100.Regulation 10CFR50.100 Merely Codifies Plenary Authority of Commission

ML20206M142
Person / Time
Site:	Limerick
Issue date:	08/13/1986
From:	Stephen Burns NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Anthony R ANTHONY, R.L.
References
CON-#287-2985 2.206, NUDOCS 8608200484
Download: ML20206M142 (2)

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,, / ( UNITED STATES 8 o NUCLEAR REGULATORY COMMISSION s a wasumorow. o. c. nossa 00CKETED USNRC August 12, 1986 '87 APR ~2 P3:46 i 0FFE 00CKEilNG NA LAN SEf<VICf '.

Docket No. 50-352 (2* 2.0 6) BRANCH J

j j Mr. Robert L Anthony j Box 186

Moylan, - Pennsylvania 19065

)

Dear -Mr. Anthony:

i

This letter is in response to your " petition" of July 5,1986 to the Commission wherein you request that the Commission itself take the action of suspending the operating license issued to the Philadelphia Electric Company authorizing 1 operation of Unit 1 of the Limerick Generating Station. You argue that the Com-l mission itself should take this action pursuant to 10 CFR 50.100.

! You initially made this request to the Commission on February 27, 1986. The request was properly referred by the Commission to the Staff for consideration pursuant to 10 CFR 2.206. The request sought license suspension and so fell properly within the duties of the Director of the Office of Nuclear Reactor Reg-

) ulation under 10 CFR 2.206, which specifically identifies certain Office Directors 3 as the appropriate agency officials to con' sider requests for license suspension.

On April 16, 1986, the Acting Director of the Office of Nuclear Reactor Regula- i tion informed you .that your request of February 27, 1986 failed to conform to 10 CFR 2.206 in that it merely recited fracts which the agency itself had devel-oped through inspections, adjudications or notifications and failed to make a i showing that the agency findings were inappropriate. On April 29, 1986, you l

, again " petitioned" the Commission by invoking 10 CFR 50.100 and again your

request was referred to the Staff, which responded by a letter dated July 1, 1986.

! Your most recent request again invokes 10 CFR 50.100 as a basis for a " peti-tion" to the Commission for direct action by the Commission itself. regarding matters dealing with license suspension. Your reading of this regulation is

! incorrect. This regulation merely codifies the plenary authority of the Commis-

! sion granted to it by the Atomic Energy Act of 1954, as amended, to revoke, suspend, or modify licenses. (This authority may be delegated to other officers

, of the Commission as provided in section 161n of the Act and has been delegat-i ed to the Office Directors as indicated in 10 CFR $$2.202 and 2.204.) Section

] 50.100 is not a procedural regulation and does not grant to members of the

public a procedural right to petition the Commission directly with regard to any-matter. The procedural right to petition the agency is granted by 10 CFR I

i 3so  ;

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P 2-2.206, which specifically states that petitions are to be directed to Office Direc-tors. This is why your " petitions" to the Commission have been consistently referred to the Staff for consideration.

I hope that this response will clarify this matter for you.

Sincerely, I  !

,S/

Stephen G. Burns, Acting Assistant General Counsel for Enforcement Office of the General Counsel cc: Philadelphia Electric Co.

Conner & Wetterbahn DIST: 'AGCE Rdr' AGCE Subj l SBurns Chron EDO #001933 ,

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NRC Central i NRR  !

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DATE : 8/8/86  : 8/ V, /86  : 8/7//86  : 8// E/86  :  :

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